The message transmitted to ensure that the company is known in the market must be protected as effectively as possible.
Consumers are attracted by trademarks which they perceive as being trustworthy and synonyms of quality. For this reason it is necessary to protect commercial names which allow products / services to be recognised in the market.
The Spanish Trademark Office is the organisation responsible for protecting the identity of a company, since, contrary to what is generally considered to be true, the Companies Registry is not the institution that channels those rights. Filing a trademark or logotype that identifies a company gives owners an exclusive right of use in identifying the activity of their company.
This activity is classified in the INTERNATIONAL NOMENCLATURE which has 45 classes. The first 34 of these classes protect products and the other classes protect services
If you have developed a new product or a new process, you should consider the option of patenting and include it as part of your business strategy. One of the key issues in this regard is the manner in which a company protects the results of its innovations, i.e., how it prevents other companies from taking unfair advantage of the efforts made by the innovating company. Companies normally have different alternatives for protecting their investments in innovation. One consists of keeping the results secret, thus giving rise to what is known as a “trade secret”. The difference between deciding on one system or the other lies in the fact that patents always offer greater safety: any person using the invention without authorisation can be sued, whether or not that person knows of the existence of the patent. On the contrary, the trade secret option offers weaker protection which is limited to the right to request economic compensation from the person obliged to respect that secret (basically, employees) who discloses it or uses it for their own benefit or for the benefit of another. In other words, the trade secret option only provides protection against espionage.
It also protects artistic interpretations, phonograms, audiovisual recordings and radio broadcasts. Ideas, procedures, operating methods or mathematical concepts in themselves are excluded, but not the expression of those concepts. Legal or regulatory provisions and their respective drafts, decisions taken by legal bodies and acts carried out by public bodies and the translation of such texts are also excluded.